Majority
p. 962In the Matter of Frank A., Appellant; City of New York, Respondent. In the Matter of Stephen M., Appellant; City of New York, Respondent. Argued April 24, 1969; decided May 15, 1969.
p. 963
Roy S. Israel and Lewis E. Alperin for Frank A., appellant.
Herman Blitz for Stephen M., appellant.
J. Lee Rankin, Corporation Counsel (Robert T. Hartmann and Stanley Buchsbaum of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowits of counsel), in his statutory capacity under section 71 of the Executive Law.
Memorandum. The orders appealed from should be affirmed. The several arguments advanced by the defendants have been examined and found to be without substance. With respect to the attack on section 744 (subd. [b]) of the. Family Court Act, it is sufficient to note our recent decision in Matter of Samuel W. ( 24 N Y 2d 196 ), in which it was held that due process does not require that acts charged against a juvenile delinquent be established by proof beyond a reasonable doubt.
Judges Scileppi, Bergan, Breitel and Jasen concur, Chief Judge Fuld and Judge - Burke under constraint of Matter of Samuel W. ( 24 N Y 2d 196 ); Judge Keating taking no part.
In each case: Order affirmed in a memorandum.
Cases cited
- In re Samuel W. 24 N Y 2d 196 p. 963